Wednesday, April 17, 2019
Summarize the legal characteristics of personal property, real Essay - 3
Summarize the legal characteristics of personal property, real property, and bailments - Essay exercisingIn the situation given, the wall may be considered a fixture if Eve and Frank or the previous owners at that placeof who sold the same in their favor, put up the fence with the intention of placing it there permanently. This may be determined by any or all of the following considerations (i) materials used in the fence and (ii) nature of business being conducted in the real property/land.If the materials used were light so that it can be easily destroyed or transferred, the owners thereof may have intended to crystalize the fence as personal property because the permanent character cannot be seen thereof. However, if the materials used in construct the fence were strong such as concrete or steel, it can be easily inferred therefrom that the intention was to treat the fence as real property due to its permanent character.Also, the intention or purpose for building the fence m ay be gleaned from the nature of business in the area which is warehousing. Apparently, warehouse is supposed to be guarded to keep the contents thereof safe from burglars and robbers. Thus, it is quite logical to come to an end that the fence may have been built by Eve and Frank for the sole purpose of fine-looking protection to the warehouse which is within the area. The business of warehousing cannot be conducted if there will be no fence to safeguard it.Sometimes, a thing starts as personal property but by recidivate of time and change in needs of the owners or distinguishies involved, the same transforms into a real property. In this case, if the fence was built prior to the warehouse, the fence may have been previously treated as personal property. However, upon gimmick of the warehouse, the fence may have ripened into a real property because it became a necessary part of the warehousing
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